Semi-weekly south Kentuckian. [volume] (Hopkinsville, Ky.) 1883-1889, 1887-12-30
NICE LAW POINTS.
The Rights of the People TO Water for tho
Use OF Towns and Cities.

The Rights of the People TO Water for Tho
Use OF Towns and Cities.
This question is one that is destined
to become increasingly prominent a.
the population increases, the country
becomes moro developed, and the
available supply of water in times Of
scarcity becomes less and less. This
subject IS presented under tho head Of
a Resource for Cheap Water for tho
People" in the last publication of fho
New England Watcr-Works Assoein-
tion. 1t seems that in at least two
States Massachusetts and M,ine) all
natural bodies of water of over ten
acres in area are legally styled "Great
Ponds. and have always been public
property-no private title approaching
nearer than low-watcr mark. The
State of Massachusetts has adopted tho
principle of giving this water free to
municipalities requiring it. Tho ar
gument by T. M. Stetson, Esq, SUBJ
mitted Mt the limo of the application
of Fall River for condemnation of tho
water of Watuppa Ponds, is given in
full in this paper. 1t is based on two
propositions:
a. That the State owns tho water in these
"Great Ponds" and may we'll give from 1t TO
its people without toll or payment.
t2) That any ancient licenses or privileges
here tofore allowed to parties to use, control,
and avail of the surplus waters after they pass
into the outlet stream (tho Quequechan or
Fall nver), shall, SO far rs they legally may, be
revoked or prevented from standing now In tho
way OF the proposed gift from the State to its
people.
The opponents of the application
held that they had prior right from
continued uso under license given in
1926, but the argument states that tho
Supreme Court of tho United States
had in three cases decided against tho
irrevocability of such licenses
The State had in 1S47 consecrated
the Great Ponds to the public for ever,
and Justice Hoar upheld this in writ
ten opinion stating: "There is no adj
judged case in which any right in them
adverse to the public has ever been
This same opinion |
quotes from several othcr opinions as
follows:
Riparian owners on the stream own the uses |
" the water that actually succeeds In getting |
nto the stream. but that is all.
The use which every owner in n running |
tream may claim is only OF the water which |
las entered into and become part OF the
tream.
The grant by the Legislature OF an exclusive |
light OF the water power OF a navgable stream
loes not give title to tho corpus of the water
ience subsequent grant 10 the district to
rect water works to supply its Inhabitants
With water is not in violation OF the previous
rant OF the water power
An upper owner has an unqualified right TO
rain his marsh, and neighboring proprietor
an not complain OF deprivation OF water
7hich would otherwise come TO his land, ETC.
Water taken from pond before II could
each the outlet mover could be water flowing
rom the pond.
In short until water gets into defined
II has 10 relations with the ripa- /,
an owners along such water-course. The line
demarkation OF the title is ut the point
here the water dc facto leaves the great pond
nd enters the water-course. Till then II be-
'ngs to the State, afterwards 10 the riparian
wners on the stream.
Numerous other decisions are quoted
} show that no license by the State
an bo held to be irrevocable, or TO
'ithhold the State from exercising Its
'vereignty should occasion arise.
So in this case ''the ancient policy
as to encourage mills. but never at
ie expense of the peoples thirst and
eanliness
The bill that was passed last year in
the case of the city of New Bedford
rovided for tho taking and using Of
10 waters OF Little Quitticas pond,
ithout liability for other damages
ian the State itself would be liable TO
ny.
The city Of Worcester is now defend
g suit for diversion of water, but
e testimony published is too meager
give an ineligible statement of Tho
Ise. 1t is well that all who are intor-
ted in water-werks become fully ac- s
tainted with the principles underly- G
g suclF cases, SO clearly and all |
irably stated in thofono before us. =
lnitary Engineer